Sky Channel Pty Ltd v Palmer [2003] FCA 1246

FEDERAL COURT OF AUSTRALIA

Sky Channel Pty Ltd v Palmer [2003] FCA 1246

SKY CHANNEL PTY LIMITED & ANOR v

NEIL ROBERT WILLIAM PALMER N 1712 of 2003 LINDGREN J 31 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1712 OF 2003

BETWEEN: SKY CHANNEL PTY LIMITED (ACN 009 136 010)

FIRST APPLICANT

FOXTEL MANAGEMENT PTY LIMITED (ACN 009 136 101)

SECOND APPLICANT

AND: NEIL ROBERT WILLIAM PALMER

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 31 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Upon the applicants by counsel undertaking to the court: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the orders made on 31 October 2003; and (b) to pay the compensation referred to in (a) to the person there referred to,

and noting the undertaking to the court of elizabeth grinston, solicitor for the applicants, the court orders that: Preservation 1. The Respondent personally, and by his servants and agents and otherwise, be restrained from using, moving, changing, removing, altering, concealing, tampering with or destroying, all and any smartcards, set top boxes and converters (collectively Decoder Devices) in the custody, control or possession of the Respondent, otherwise than in compliance with these Orders. Delivery Up 2. The Respondent deliver up by 1.00 pm on Tuesday 4 November 2003 to the Applicants' Agent, Blake Dawson Waldron Solicitors, of Level 11, 12 Moore Street, Canberra, Australian Capital Territory (for the attention of Matthew Roser), (the Applicants' Agent), each and any smartcard and each and any set top box in the custody, control or possession of the Respondent (the Delivered Devices), for delivery by the Applicants' Agent to the Applicants' solicitors, Gilbert + Tobin. 3. That until further order the Delivered Devices are to remain in the possession and safe keeping of the Applicants' solicitors, Gilbert + Tobin. 4. That until further order the Applicants by themselves, their servants and agents be permitted to non-destructively inspect, examine and test (including with the use of facilities to examine, decode or restore data) the Delivered Devices.